133 results for 'court:"Colorado Court Of Appeals"'.
J. Jones finds the prosecutor's comments to the jury during opening statements about common experiences across victims of domestic violence did not constitute misconduct. They did not represent expert testimony, but were anchored to the evidence the state intended to present in its case. Meanwhile, even though the victim did not answer calls made by defendant from an unlisted number, the calls alone were sufficient to convict defendant of stalking after they were traced to the jail at which he was being housed because they violated a protection order obtained by the victim. Affirmed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: May 2, 2024, Case #: 2024COA45, Categories: Prosecutorial Misconduct, Assault, Harassment
J. Yun finds the lower court properly denied the convicted sex offender's request to remove his sex offender registration requirements. His multiple convictions for sexual misconduct involving an adult categorically preclude removal of registration requirements under Colorado law. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 2, 2024, Case #: 2024COA48, Categories: Sentencing, Sex Offender
J. Fox finds the single proposed transaction agreed to by an undercover police officer and defendant for the sale of one ounce of methamphetamine was insufficient to convict him of conspiracy to distribute a controlled substance. The amount involved was "typical" for a single user to buy, while there was also no agreement for further sales, which proved the existence of only a "buyer-seller" relationship. Vacated.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: May 2, 2024, Case #: 2024COA46, Categories: Drug Offender, Evidence, Conspiracy
J. Tow finds the industrial claims office properly upheld an administrative law judge's ruling to award the estate workers' compensation benefits after the health care facility employee died of complications from Covid-19. The illness constitutes an "occupational disease" under Colorado law. At the time the worker contracted Covid-19, at least 30% of the facility's staff or residents had the illness, compared to just 0.3% of the surrounding community, which satisfied the requirement under the Colorado Workers' Compensation Act that his occupation exposed him to the illness at a "measurably greater degree" than a typical job. Affirmed.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: May 2, 2024, Case #: 2024COA47, Categories: Covid-19, Workers' Compensation
J. Lum finds the trial court erroneously dismissed defendant's menacing charge. Although he was incarcerated in Louisiana at the time of his preliminary hearing, he was not in custody on the Colorado menacing charge, but only had a warrant out for his arrest, which did not entitle him to a hearing. Therefore, the charge will be reinstated and the case remanded. Reversed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: April 25, 2024, Case #: 2024COA43, Categories: Criminal Procedure, Menacing
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J. Lum finds the lower court erroneously dismissed excessive force claims filed by a suspect shot with specialty impact munitions and a rifle. The suspect was not required to prove the police officer acted with "malice" or that his actions "shocked the conscience;" rather, the standard governing excessive force claims requires only that the force used was objectively unreasonable and started a series of events that led to other officers using excessive force. The officer who fired the nonlethal round without any warning knew the officer with the rifle mistakenly believed the suspect had a gun and knew the nonlethal round would sound like a gunshot; therefore, his actions could be considered excessive and the case will be remanded for the proper analysis. Reversed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: April 25, 2024, Case #: 2024COA42, Categories: Civil Procedure, Civil Rights, Evidence
J. Gomez finds that language in the settlement agreement between the decedent and his former girlfriend did not waive the girlfriend's interest in the funds of a "payable on death" bank account for which she was the named beneficiary. The agreement waived her rights only to bring claims regarding "past financial dealings," while her interest in the account stems only from her being named the beneficiary. Therefore, because the decedent did not remove the former girlfriend as beneficiary, she - not the estate - is entitled to the funds. Reversed.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: April 25, 2024, Case #: 2024COA44, Categories: Civil Procedure, Settlements, Wills / Probate
J. Jones finds the trial court properly granted the jury full access to the calls between the victim of sexual assault and the assailant. A criminal court may give a jury unrestricted access to recorded telephone calls between the victim and their assailant in which the assailant admits to criminal activity. The calls are not victim testimony, but are more similar to police interviews of a criminal defendant that are always available in full to a jury. Meanwhile, defendant's conviction and sentence for human trafficking of a minor for sexual servitude did not violate his equal protection rights. Although he was convicted of lesser offenses at the same time, the conduct in his human trafficking charge was separate and more involved than that required for the lesser felonies. Affirmed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: April 25, 2024, Case #: 2024COA41, Categories: Jury, Sex Offender, Equal Protection
J. Gomez finds that if an attorney includes their email address in a court filing, opposing parties may use the address to serve the attorney in subsequent filings and, therefore, the cannabis company owners' motion to vacate an arbitration award was timely served. Meanwhile, the lower court erroneously granted the business partner's motion to vacate the arbitration award on the grounds of impartial bias because the arbitrator's conduct - including asking clarification questions to witnesses and interrupting to focus discussion and shorten several hearings - was within the scope of his authority and did not affect the ultimate ruling. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: April 18, 2024, Case #: 2024COA39, Categories: Arbitration, Civil Procedure
J. Fox finds the lower court erroneously granted the insurers' motions for summary judgment based on the policyholder's noncompliance with policy requirements. The insurers each failed to provide in writing the specific medical records needed to process his claim and also failed to give him the statutorily required 60 days to correct any defects in the records he did provide. Reversed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: April 18, 2024, Case #: 2024COA40, Categories: Civil Procedure, Insurance, Contract
J. Freyre finds the trial court violated defendant's right to a public trial on trespass and criminal mischief charges when it closed the courtroom and conducted the entire trial via livestream. It failed to make any of the findings required under Waller v. Georgia before it precluded members of the public from sitting in the gallery; therefore, defendant's convictions will be vacated and the case remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Freyre, Filed On: April 18, 2024, Case #: 2024COA37, Categories: Criminal Procedure, Fair Trial, Trespass
J. Sullivan finds the lower court properly elevated defendant's DUI case to a felony based on his previous convictions. While defendant was denied counsel during two previous DUI trials that resulted in convictions, the error did not deprive those trial courts of jurisdiction and, therefore, defendant's collateral attacks on the previous convictions were untimely. Affirmed.
Court: Colorado Court Of Appeals, Judge: Sullivan, Filed On: April 18, 2024, Case #: 2024COA38, Categories: Constitution, Dui, Jurisdiction
J. Schock finds the lower court erred in denying anti-SLAPP special motions to dismiss an election technology employee’s conspiracy claim and properly dismissed his defamation and intentional infliction of emotional distress for allegations the Trump Campaign made during the 2020 election campaign. The defendants’ accused the employee of stating he had “made sure” President Trump would not win by taking steps to interfere with the results. A broadcaster continued sharing and tweeting “information that is so vital to understanding the systemic stealing of our election.” The court holds that the Trump Campaign may be responsible for tweets sent by Trump and his son. Therefore, the tweets are remanded for further proceeding and for determination of attorney fees and costs. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: April 11, 2024, Case #: 2024COA35, Categories: Anti-slapp, Elections, Defamation
J. Lipinsky finds the jury improperly acquitted defendant of attempted murder and assault, and found him guilty of attempted reckless manslaughter. Defendant argues the trial court erred by restricting his counsel from cross-examining the victim about his own pending criminal charges as being a biased violation of the confrontation clause. If the victim could have been cross-examined on bias or motive, it may have left a different impression on the jury. This case is remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: April 4, 2024, Case #: 2024COA33, Categories: Jury, Manslaughter, Witnesses
J. Tow finds the trial court improperly convicted defendant for trying to patronize a prostituted child and properly convicted him for soliciting for child prostitution, sexual exploitation of a child and attempted inducement of child prostitution. Defendant argues the attempted patronizing a prostituted child charge carries a harsher sentence and is the same charge as attempted inducement of child prostitution in a violation of his equal protection rights. The court agrees, so the charge is vacated and remanded back to the trial court for mittimus amendment. The rest of the charges remain. Affirmed in part. Vacated in part.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: April 4, 2024, Case #: 2024COA32, Categories: Constitution, Sex Offender, Prostitution
J. Tow finds the lower court erroneously granted the university's motion for summary judgment on the student's disability discrimination claims. His deposition testimony about the tasks his self-trained emotional support dog could perform, including "pressure therapy" and leading the student out of stressful situations, created an issue of fact as to whether it qualified as a service animal when the student was excluded from campus facilities. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: March 28, 2024, Case #: 2024COA29, Categories: Ada / Rehabilitation Act, Education, Evidence
J. Lum finds the lower court properly denied the city's motion to exclude the draft of an annual financial report from the resident's public records request. Although the document was prepared for the benefit of elected officials, it was required to be sent to the state auditor and, therefore, did not involve any official discretion and was not work product subject to exemption under the Colorado Open Records Act. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: March 28, 2024, Case #: 2024COA30, Categories: Government, Public Record
J. Hawthorne finds that Colorado’s Taxpayer’s Bill of Rights requires water conservancy districts to get approval from the voters before it may increase its mill levy under the Water Conservancy Act. The lower court must revise its opinion and find in favor of the property owners that sued a conservancy district over its decision to increase the mill levy from 0.5 mill to 1.0 mill. Reversed.
Court: Colorado Court Of Appeals, Judge: Hawthorne, Filed On: March 21, 2024, Case #: 2024COA28, Categories: Tax, Water
J. Harris finds the trial court properly admitted the testimony of an expert witness who testified the victims did not appear to have been coached on the stories they gave when they reported the sexual assault allegations against defendant. Although such testimony, which vouches for the truthfulness of the victims, is typically not allowed, defendant opened the door to the admission of the evidence when he advanced a defense based on the theory the victims had been coached by their grandmother, which included questions to potential jurors, statements during opening arguments and direct examination of the victims. Affirmed.
Court: Colorado Court Of Appeals, Judge: Harris, Filed On: March 14, 2024, Case #: 2024COA26, Categories: Sex Offender, Experts, Child Victims
J. Brown finds the trial court improperly excluded DNA evidence in defendant's trial on a single charge of sexual assault of a child. The presence of another individual's DNA on the victim was not protected by the rape shield statute. Defendant did not intend to pursue an alternate suspect theory and claim the victim had sex with another individual, but sought the evidence to rebut the prosecution's theory that defendant's DNA was not found because the victim showered the morning after the assault; therefore, defendant's conviction must be vacated and the case remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: March 14, 2024, Case #: 2024COA27, Categories: Dna, Sex Offender, Child Victims
J. Schutz finds the Colorado Noise Abatement Act does not preempt local governments from issuing amplified noise permits and so the lower court properly granted the motion for summary judgment filed by the city and bar. The Act does not limit the issue of such permits to events hosted by municipalities or nonprofit entities and, therefore, allows private businesses to obtain exemptions from noise pollution standards. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: March 7, 2024, Case #: 2024COA25, Categories: Government, Preemption, Zoning
J. Lipinsky finds the lower court properly denied defendant's petition for postconviction relief from his murder and robbery convictions. The constitutional rule of criminal procedure announced by the Colorado Supreme Court in Margerum v. People that allows a defense team to question a prosecution witness about their probationary status when the witness is on probation at the time of the trial is not a watershed rule that affects bedrock principles and, therefore, it does not apply retroactively. Although defendant could not question the prosecution's lead witness about his own criminal prosecution, such a limitation did not affect the fundamental fairness of the trial or violate defendant's due process rights. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: February 29, 2024, Case #: 2024COA21, Categories: Criminal Procedure, Constitution, Due Process
J. Lipinsky finds the lower court properly dismissed the well owners' complaint for lack of jurisdiction. The issues presented by the owners, including interpretation of water use guidelines and an order to vacate the state engineer's decision, were water matters that must decided by a water court. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: February 29, 2024, Case #: 2024COA23, Categories: Water, Jurisdiction
J. Berger finds the trial court erroneously granted the business partner's motion to pierce the corporate veil and hold the business entities liable for debts owed by the individual borrower. The piercing doctrine cannot be used to construe a disputed contractual term, such as the ambiguity found in the parties' settlement agreement. Meanwhile, the trial court properly granted the borrower's motion for summary judgment on the partner's civil theft claim because it was based on the same conduct as the contract claim. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Berger, Filed On: February 29, 2024, Case #: 2024COA22, Categories: Settlements, Contract
J. Grove finds the lower court properly determined the county could not be held liable for acceleration payments past fiscal year 2021 when it terminated a services agreement with the therapy provider. Those payments were predicated on appropriations the county never made. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: February 29, 2024, Case #: 2024COA24, Categories: Health Care, Contract
J. Kuhn finds the trial court did not violate defendant's speedy trial rights when it continued his trial date past the statutory deadline. A government witness's unavailability due to Covid-19 travel restrictions and general concerns about the spread of Covid gave the court a legitimate reason to delay the trial. However, the trial court erroneously failed to merge two convictions for sentencing purposes, as every element of reckless manslaughter is also an element of reckless vehicular homicide and, therefore, is necessarily a lesser-included offense. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Kuhn, Filed On: February 29, 2024, Case #: 2024COA20, Categories: Speedy Trial, Manslaughter, Vehicular Homicide
J. Schutz finds that while the prosecution was expected to have an estimate for restitution prior to defendant's sentencing on theft and property damage charges, its failure to do so did not prejudice defendant because its request was submitted prior to the expiration of the 90-day statutory deadline. Therefore, any error by the prosecution or the trial court for its failure to require an estimate prior to sentencing was harmless and the restitution order is upheld. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 22, 2024, Case #: 2024COA19, Categories: Theft, Restitution
J. Schutz finds the censure of the trustee during an executive session by the board of trustees constituted a formal action by the board because it implicated public concerns and would affect the town at large. Therefore, the action violated the Colorado Open Meetings Law because it was not conducted in a public session and the lower court erroneously denied the trustee's motion for summary judgment. On remand, the lower court is ordered to enter a judgment to declare the censure void and award reasonable attorney fees to the trustee. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 22, 2024, Case #: 2024COA18, Categories: Government, Public Record, Attorney Fees
J. Richman finds the lower court erroneously dismissed the car renters' collision-related claims. The rental car company's decision to offer various additional insurance policies to the renters for additional payments rendered it an insurer under Colorado law and allows the renters to bring claims for underpayment of benefits following a collision caused by an uninsured motorist. Reversed.
Court: Colorado Court Of Appeals, Judge: Richman, Filed On: February 15, 2024, Case #: 2024COA15, Categories: Insurance, Contract